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Indiana Motion For Approval of Reaffirmation Agreement

Indiana Motion For Approval of Reaffirmation Agreement

Name: Indiana Motion For Approval of Reaffirmation Agreement
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.73 (318 reviews)

Category:

Indiana Federal - District Court - Northern District

State:

Indiana

Control #:

IN-B-2400B

Format:

Instant download

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Description

Motion For Approval of Reaffirmation Agreement Indiana Motion For Approval of Reaffirmation Agreement is a legal document used in Indiana to request the court’s approval of a reaffirmation agreement between a debtor and a creditor. This motion is typically filed by the debtor and is used in bankruptcy proceedings to confirm an existing debt agreement between the debtor and creditor. The motion should include relevant information about the debt, the reaffirmation agreement, and the debtor’s financial situation. There are two types of Indiana Motion for Approval of Reaffirmation Agreements: a voluntary reaffirmation agreement and a non-voluntary reaffirmation agreement. A voluntary agreement is an agreement between the debtor and creditor that was entered into before the bankruptcy filing, while a non-voluntary agreement is an agreement between the debtor and creditor that was entered into after the bankruptcy filing.

Indiana Motion For Approval of Reaffirmation Agreement is a legal document used in Indiana to request the court’s approval of a reaffirmation agreement between a debtor and a creditor. This motion is typically filed by the debtor and is used in bankruptcy proceedings to confirm an existing debt agreement between the debtor and creditor. The motion should include relevant information about the debt, the reaffirmation agreement, and the debtor’s financial situation. There are two types of Indiana Motion for Approval of Reaffirmation Agreements: a voluntary reaffirmation agreement and a non-voluntary reaffirmation agreement. A voluntary agreement is an agreement between the debtor and creditor that was entered into before the bankruptcy filing, while a non-voluntary agreement is an agreement between the debtor and creditor that was entered into after the bankruptcy filing.

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FAQ

If the reaffirmation agreement is not filed with the bankruptcy court prior to the discharge date, it may be ineffective and the bankruptcy court can deny approval of the reaffirmation agreement altogether.

Creditors frequently do not automatically generate reaffirmation agreements. Sometimes creditors may not even file a reaffirmation agreement even after you have signed and returned the agreement to them.

A reaffirmed debt remains your personal legal obligation to pay. Your reaffirmed debt is not discharged in your bankruptcy case. That means that if you default on your reaffirmed debt after your bankruptcy case is over, your creditor may be able to take your property or your wages.

Given these significant consequences, you must make sure that you understand the terms of a reaffirmation agreement before signing, including (1) the amount that you will owe, (2) the timing of the payments and (3) any right the creditor may have to take away the property if you fail to make payment.

If I deny the motion to reaffirm the debt, you are under no legal responsibility to pay the creditor, but the creditor can seek to repossess the collateral (if there is any). However the creditor cannot obtain a judgment against you for the amount you owe on this debt.

To ensure that creditors do not defraud their debtors, reaffirmation agreements must be: In writing; Filed with the court; and. Certified by the debtor's attorney.

Yes. You can cancel (or ?rescind?) your reaffirmation agreement, even if a judge has already approved it. NOTE: WE STRONGLY RECOMMEND THAT YOU SPEAK WITH AN ATTORNEY TO ADVISE YOU ABOUT THE CONSEQUENCES OF CANCELLING A REAFFIRMATION AGREEMENT IN YOUR CASE.

More info

Motion For Approval of Reaffirmation Agreement. Download Form (pdf, 270.Motion for Approval of Reaffirmation Agreement (Superseded). Download Form (pdf, 253. A reaffirmation agreement shall be filed no later than 60 days after the first date set for the meeting of creditors under §341(a) of the Code. The motion shall be filed in the ECF event "Motion for Approval of Reaffirmation Agreement — Presumption of Undue Hardship Applies. PLI PLUS is Practising Law Institute's research database which provides electronic access to the full collection of PLI Press publications. Try all the advantages of our editor right now! Be ready to get more. Part E Motion for court approval.

Indiana Motion For Approval of Reaffirmation Agreement

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